Clinical Judgments

Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB)

Date
20th January 2022
Court
Key Issues
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Judge

At first blush, the case of Dalchow looks like a fairly orthodox clinical negligence claim (where the Claimant won on breach of duty but lost on causation). However, the analysis of the trial judge (particularly on matters of law) is of particular interest, including: A ‘first principles’ analysis of the approach that should be taken […]

Dulson v Popovych [2021] EWHC 1515 (QB)

Date
8th June 2021
Court
Key Issues
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Judge

In Dulson v Popovych, the Court refused the Defendant’s application to resile from an admission of breach of duty which had been made in her pleaded Defence.   The Facts   The Claimant’s claim arose following four consultations with the Defendant, a registered nurse working at Lister House Health Centre. At the first consultation, the […]

Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB)

Date
10th December 2020
Court
Key Issues
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Judge

In Azam, Saini J dismissed the Defendant NHS Trust’s appeal, and as such the Claimant’s claim was allowed to proceed under s.33 Limitation Act. This was despite the fact that the claim had been brought c. 18 years outside the primary limitation period, and where the surgeon who had performed the index operation had died. […]

Failes v Oxford University Hospitals NHS Trust [2020] EWHC 3333 (QB)

Date
4th December 2020
Court
Key Issues
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Judge

In a case, which largely turned on its facts, HHJ Cotter QC, sitting as a High Court Judge found that the Defendant Trust was not liable for failing to return the Claimant to surgery prior to a significant neurological deterioration in his condition. Facts On the 9th June 2015, the Claimant underwent a complex operation […]

Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors [2020] EWCA Civ 1523

Date
18th November 2020
Court
Key Issues
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Judge
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Hewes v West Hertfordshire Acute Hospitals NHS Trust & Ors concerned an appeal following an initial unsuccessful claim for damages in a cauda equina case. Hewes emphasises the difficulties a party will face in seeking to challenge judicial evaluation of fact on appeal. Facts In Hewes, the Claimant had a history of back pain. An […]

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